Navigating Copyright, Trademarks, and Intellectual Property for Sublimation Projects
Disclaimer: We are not legal professionals. This information is provided for general understanding and should not be taken as legal advice. Consult an Intellectual Property (IP) attorney to address specific concerns related to your business.
1. Introduction
You might have spotted custom-printed shirts featuring famous characters, or tumblers showing off beloved movie logos on Etsy and social media. It can be tempting to follow suit—especially if a client requests a “Mickey” tee for an upcoming theme park trip, or you see other crafters displaying NFL team logos for sale. Before you jump in, it’s crucial to understand what’s permitted under copyright, trademark, and intellectual property laws.
Misunderstandings around these topics can cause heated debates, and some crafting groups even ban discussion altogether. Yet, gaining a clear picture of IP rules is essential for keeping your business (and your creative works) safe.
2. Intellectual Property Basics
What Is It?
Intellectual Property (IP) covers creations unique to their originator or owner. This can include:
• Artwork and designs
• Photographs and videos
• Branding elements (e.g., logos, slogans)
• Music, books, and more
While some creators personally hold the rights to what they produce, ownership can also be transferred—like a company purchasing a logo from a freelance designer.
3. Trademark and Copyright: Key Distinctions
Trademark
• Protects names, symbols, or phrases used to identify a brand or product
• Can be registered, which strengthens its legal standing
• Covers recognizable elements like company logos, popular character names, or color schemes that distinguish one brand from another
Copyright
• Generally applies to original works such as art, music, and literary material
• Takes effect at the moment of creation, even without formal registration
• Restricts others from reproducing or distributing the work without permission
In the world of sublimation, you’ll encounter both forms of protection. A brand logo might be a trademark, while a detailed illustration from an artist is likely covered by copyright.
4. Common Traps in the Crafting Community
Brand Names and Logos
Generic words like “coffee” can’t be trademarked, but company names like “Starbucks” certainly can. Likewise, everyday items with a brand association—such as certain baby bodysuits often referred to by a trademarked term—can lead to issues if you use the brand’s name without permission.
Famous Characters
Cartoon figures, superhero logos, or iconic mascots typically belong to the studios or companies that created them. Disney, for example, is well known for defending its intellectual property and enforcing infringements aggressively. Even older characters, like the early versions of Winnie-the-Pooh, can involve complications if newer adaptations remain protected.
Catchphrases and Slogans
Some phrases gain trademark protection if a company or individual has officially registered them. Just because a phrase is popular doesn’t mean you can freely use it on a commercial product. Always confirm whether a catchy saying is registered before adding it to your designs.
5. Determining Legal Usage
Trademarks
Look for the trademark symbol (™ or ®), or check the U.S. Patent and Trademark Office’s TESS database to see if a name or logo is registered. Recognizable brand identities often fall under trademark protection, and using them without authorization can lead to take-down notices or legal action.
Copyright
Copyright covers creative works from the moment they are created. You can’t scan a copyrighted illustration, tweak someone else’s design, or convert a piece of music into a new format without the owner’s permission. A prevalent myth is that “changing 30% of the design” makes it yours—that’s simply not true. If the result still clearly resembles the original, it’s almost certainly infringing.
6. Exceptions and Special Cases
Fair Use
This principle allows limited use of copyrighted works for purposes like commentary, research, or education. It does notextend to creating and selling new products featuring someone else’s content.
Public Domain
Works whose copyrights have expired, or were never protected, are in the public domain and free to use. For items in the U.S., many works published before 1927 have fallen into this category—though caution is wise since some works may have renewed protections, or contain trademarked elements like characters or logos.
Creative Commons
Some creators release their works under a Creative Commons (CC) license, allowing certain uses, possibly including commercial purposes. However, each CC license has specific terms—some require attribution, some forbid commercial profit, and so on.
7. Legal Sources for Artwork and Graphics
• Licensed Purchases: Many artists sell images or design bundles on marketplaces like Etsy or personal websites. Verify they are the original artist and understand the license terms before selling products featuring their work.
• Subscription Sites: Platforms such as DesignBundles and Creative Fabrica offer extensive libraries of designs under licenses that often permit commercial use. Read their license agreements to confirm what’s allowed.
• Public Domain and Stock Collections: Resources like Smithsonian Open Access or the U.S. National Archives contain imagery that is free to use. Stock photo sites (Unsplash, Pexels, Pixnio, etc.) can also be valuable, but check each photo’s usage guidelines.
8. Permission and Licensing
If you absolutely want to feature a popular logo or character, the only secure route is to secure formal written permission from its owner. Large corporations, like Disney, rarely grant licensing rights to small crafters. Other businesses might be open to it, but be prepared for fees or restrictions.
9. Enforcement and Risks
Some crafters appear to sell unlicensed designs without consequence, but enforcement can happen at any time. Companies may issue a cease-and-desist, request takedowns on platforms like Etsy or Facebook, or even sue for damages. The best approach is understanding and respecting intellectual property rules to avoid potential legal complications.
10. Final Considerations
• Avoid popular characters or brands in your designs unless you have explicit permission.
• Use public-domain or properly licensed content if you haven’t created the work yourself.
• Keep a record of any licenses, proofs of purchase, or permissions in case questions arise.
• When in doubt, consult a qualified IP attorney.
Selling your creative designs can be an enjoyable and profitable endeavor—provided you understand the rules around copyright and trademark. It might involve extra research and vigilance, but the peace of mind is worth the effort.
Now that we’ve sorted out the important details, it’s time to keep designing—just do it within the boundaries, so your creativity can thrive without unwelcome surprises.